Proposal for NOT shackling juveniles in family court proceedings

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.

The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge.

The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule change enabling a judge to exercise his discretion to determine if shackling is required.  The key to the recommendation is that there is now a presumption against shackling a juvenile defendant when brought into the court room in front of a judge.

Obviously, when there is transportation from the juvenile detention facility to the court that is outside the purview of the courts, and is the responsibility of either the county department of corrections or the sheriffs department. During those transportation times the decision is still within the purview of those other law enforcement departments.

Read the full proposal here.